•^ 



THE 



LIFE 



OF 



COL. SETII ¥ARNEPi, 

WITH AN ACCOUNT OF 
THE CONTROVERSY BETWEEN 

^mW YORK AI^1> VER:?I0IVT 

FROM 1763 TO 1775. 



DANIEL CHIPMAN, LL. D. 



BUELINGTON : 
C. GOODRICH & COMPANY. 

1858. 



PREFACE. 

Several years since, I observed that great injus- 
tice had been done to the character of Seth Warner, 
by certain unintentional errors in existing history. 
I observed also that historians had omitted to state' 
his services so fully as to enable the reader duly to ap- 
preciate his meaits, and feeling a strong desire to 
correct tliose errors,supply those omissions, and trans- 
mit his character to posterity in its true light, I under- 
took to collect materials for a memoir of Seth Warner, 
but I was so unsuccessful, that I was compelled to_ 
abandon the object. Although I knew AVarner, per- 
sonally, only as a boy knows a man, yet, from those 
who were both his and my contemporaries, I had a full 
knowledge of the man, but I could not think it either 
useful or proper to portray his character, on my own 
authority, unsupported by evidence. 

Within the year past I have been more successful in 
procuring materials for the memoir. I have obtained 
a short biographical sketch of Seth Warner, published 
in the Eural Magazine in 1795, and I have been fur- 
nished by Henry Stevens, Esq., from his extensive 
collection of papers relating to our early history, with 
Warner's corrcspondcnce,aud many public documents, 
without which, I should not have undertaken to write 
the memoir. As Warner was a principal leader of 
the Green jMountaiii Boys, during their controversy 
with New York, and was constantly engaged in tha 



XT PREFACE. 

defence of the New Hampshire Grants, from the je&t 
1763 to 1775, it was necessary to insert an abridged 
history of the controversy. This is principafly taken 
from Thompson's History of Vermont. Those who 
are intimately acquainted with this history, will pass 
it without reading, but it may be both interesting and 
usefvil to the rising generation— it may create a taste 
for reading a more full history of their native state. — 
And may they be still further improved by the con- 
templation of the character of a noble revolutionary 
patriot — may it enlarge their viev/s and elevate them 
to a love of country not to be displaced by a love of 
party, which, often, so narrows the mind as to render 
it incapable of embracing the general interest. 



SETH ¥AMER. 



The history of any people in defence of 
their rights against a more powerful assail- 
ant, is ever interesting, the more so, if, not 
only their independence as a people, but 
the farms on which they lived were at stake. 
We are still more deeply interested in the 
struggle, if those farms had been rendered 
more dear to them by the hardships and pri- 
vations which they had endured as pioneers 
in the settlement of a new country. Such 
is the history of the New Hampshire Grants 
— the only history of Vermont, and all 
are anxious to obtain a knowledge of the 
leading men, to whom we are most indebt- 
ed for the successful defence of the N. H. 
Orants, and the estabhshment of the inde- 
pendent government of Vermont. 

It has never been a matter of controver- 
sy, but all who have a competent knowledge 
of those early times are agreed that Ethan 
Allen and Seth Warner, were, to say 
the least, among the most efficient leaders 
of the Green Mountain Boys. 



6 MEMOIR OF 

In the first volume of Sparks' Amorlcan 
Biography is a memoir of Ethan Allen,* 
from which the reader may obtain as com- 
petent a knowledge of the man as he can 
desire — he will find his character with all 
his eccentricities, clearly, truly and fully 
portrayed. The character of Seth Warner, 
to whom we are so deeply indebted for the 
independence of Vermont, and who was so 
distinguished an ofiicer in the war of the 
revolution should also pass down to future 
generations in its true light. To effect this^ 
I shall portray his character as fully as the 
scanty materials which can be obtained at 
this late day, and my own recollection of the 
men of those early times will admit. 

Seth Warner was born in Roxbury, 
then a parish of Woodbury, in Connecticut, 
in the year 1743. Without any advantages 
for an education beyond those which were 
found in the' common schools of those times, 
he W'as early distinguished by his energy, 
sound judgment, and manly and noble 
bearing. In the year 1763, his father. Dr. 
Benjamin Warner, removed to Bennington, 
in the New Hampshire Grants, the second 
year after the first settlement of the town. 
The game with which the woods abounded 

* By permission of the^Author^thlT'ln^^ 
corporated into the present volume. 



SETH WARNER. 7 

at once attracted the attention of young 
Warner, and he was soon distinguished as 
an indefatigable, expert, and successful hun- 
ter. About this time a scene began to o- 
pen, which gave a new direction to the ac- 
tive and enterprising spirit of Warner — the 
controversy between New York and the 
settlers upon the New Hampshire Grants 
had commenced. To enable the reader du- 
ly to estimate the services and merits of 
Warner, in his defence of the N. H. Grants 
against the claims of New York, it seems 
necessary to give a concise history of the 
rise and progress of that controversy. 

When the English commenced their estab- 
lishment at Fort Dummer, within the 23resent 
limits of Brattleboro', that fort was supposed 
to be within the hmits of Massachusetts, and 
the settlement in that vicinity was made un- 
der grants from that Province. But after 
a long and tedious controversy between 
Massachusetts and New Hampshire, respect- 
ing their division line, George II. finally de- 
cided, on the 5th of March, 1740, that the 
northern boundary of Massachusetts be a 
similar curve line, pursuing the course of 
Merrimack river, at three miles, on the north 
side thereof, beginning at the Atlantic 0- 
cean and ending at' a point due north of Par 
tucket Falls, and a straight line from thence 



3 MEMOIR OF 

due west until it strikes his Majesty's; other 
governments. This line was run in 1741, 
when Fort Dummer was found to be beyond 
the limits of Massachusetts, to the north, 
and as the King repeatedly recommended 
to the Assembly of New Hampshire to make 
provision for its support, it was generally 
beheved to have fallen within the jurisdic- 
tion of that Province, and being situated on 
the west side of Connecticut lliver, it was 
concluded that New Hampshire extended as 
far west as Massachusetts, that is, to a 
line twenty miles east of Hudson lliver. In 
the year 1741, Venning Wentworth was 
commissioned Governor of New Hampshire, 
and on the 3d of January, 1749, he made a 
grant of a township six miles square, situa- 
ted, as he conceived, on the western border 
of New Hampshire, being twenty miles east 
of Hudson River, and six miles north of the 
Massachusetts line. This township, in allu- 
sion tahis own name, he called Bennington. 
About the same time, a correspondence was 
opened between him and the Governor of 
New York, in which was urged their respec- 
tive titles to the lands on the west side of 
the Connecticut River, yet, without regard 
to these conflicting claims, Wentworth pro- 
ceeded to make further grants. 



SETH "WAENER. 9 

In 1754, tliese grants amounted to fifteen 
townships, but this year hostilities commen- 
ced between the French and English Colo- 
nies, which put a stop to further applications 
for grants, until the close of the war in 1760. 
During the war, the New England troops 
opened a road from Charleston, N. H., to 
Crown Point, and by frequently passing 
through these lands, became well acquaint- 
ed with their fertility and yalue, and the 
conquest of Canada having removed the 
danger of settling in this part of the country, 
these lands were eagerly sought by adventu- 
rers and speculators. The Governor of New 
Hampshire, by advice of his council, now 
ordered a survey of Connecticut river to be 
made for sixty miles, and three tiers of town- 
ships to be laid out on each side. 

As applications for land still increased, 
further surveys were ordered to be made, 
and so numerous were the applications, that 
during the year 1761 no less than sixty 
townships were granted^on the west side of 
Connecticut River. The whole number of 
townships, in on^ or two years more, amount- 
ed to 138. The extent was from Connect* 
icut River on the east, to a hne twenty miles 
east of Hudson river, so far as that river 
runs from the north, and north of that as far 
west as.Lake Champlain. By the fees which 



10 MEMOIR OF 

Wentwortli received for tliese grants, and by 
reserving 500 acres in each township for 
himself, he was evidently accumulating a 
large fortune. 

The Governor of New York, wishing to 
have these lands, became alarmed at the pro- 
ceedings of the Governor of New Hampshire 
and determined to check them. For this 
purpose, Mr. Golden, Lieut. Gov. of New 
York, on the 28th December, 1763, issued 
a proclamation in which he recited the 
grants made by Charles II. to the Duke of 
York in 1664 and 1674, which included a- 
mong other parts all the lands from the 
Avest bank of the Connecticut River to the 
east side of Delaware Bay. Founding his 
claim upon the grants, he ordered the sher- 
iff of the County of Albany to make return 
of the names of all persons wdio had taken 
possession of lands on the west side of Con- 
necticut river under titles derived from the 
Governor of New Hampshire. To prevent 
the effects which this proclamation was cal- 
culated to produce, and to inspire -confidence 
in the vaUdity of the New Hampshire grants, 
the Governor of New Hampshire issued a 
counter proclamation on the 13th day of 
March, 1764, in which he declared that the 
grants to the Duke of York were obsolete — 



SETH WARNEE. 11 

that New Hampshire extended as far 
west as Massachusetts and Connecticut, and 
that the grants~bf New Hampshire would be 
confirmed b J the Crown, if the jurisdiction 
should be altered. He exhorted the set- 
tlers to be indiLstrious and diligent in cul- 
tivating their lands, and not to be intimida- 
ted by the threatenings of New York. He 
recjuired all the civil officers to exercise ju- 
risdiction as far as grants had been made, 
•and to punish all disturb,ers of. the peace. 
This proclamation seemed to quiet the minds 
of the settlers. Having purchased their 
lands, and holding them under a charter 
from a Royal Governor, and after such as- 
surances from him, they had no idea that a 
controversy between the two Governors re- 
specting their jurisdiction would ever affect 
the validity of their titles. 

New York had heretofore founded her 
claims to the lands in question upon the 
grants to the Duke of York, but choosing 
no longer to rely on so precarious a title, 
application was now .made to the Crown for 
a confirmation of the claim. This applica- 
tion was supported by a petition purporting 
to be signed by a great number of the set- 
tlers of the New Hampshire Grants, repre- 
senting that it would be for their advantage 
to be annexed to the Colonj^ of New York, 



12 MEMOIR OF 

and praying that the western bank of the 
Connecticut river might be estabhshed as 
the Eastern boundary of the province. In 
consequence of this petition and apphcation 
of the Government of New York, his Maj- 
esty on the 20thof July, 1764, ordered that 
the Western bank of the. Connecticut river, 
from where it enters the' province of Mass- 
achusetts, as far north as the 45th degree of 
north latitude, be the boundary hne between 
the provinces of New York and New Hamp- 
shire. This determination does not appear 
to be founded on any previous grant, but 
was a decision which the wishes and conve- 
nience of the people seemed to demand. 
Surprised as were the settlers on the New 
Hampshire Grants at this order, it produced 
no serious alarm. They regarded it mere- 
ly as extending the jurisdiction of New York 
over their territory. To that jurisdiction, 
they were willing to submit, and they had 
no apprehension that it would in any way 
affect their titles to the lands on which they 
lived . Having purchased and paid for them , 
and holding deeds of the same under grants 
from the Crown, they could not conceive by 
what perversion of justice, they could be 
compelled by the same authority to repur- 
Qhase their lands or abandon them. 



SETH WARNER. 13 

The Governor of New Hampshire at first 
remonstrated against the change of jurisdic- 
tion, but was induced to abandon the contest, 
and issued a proclamation recommending to 
the proprietors and settlers due obedience to 
the authority and laws of New York.^ The 
royal decree -by which the division line be- 
tween New Hampshire and New York 
was established, was construed very differ- 
ently by the different parties concerned. 
The settlers on the N. H. Grants considered 
that it only placed them thereafter under 
the jurisdiction of New York, and to this 
they were willing to submit, but they had 
no idea that the titles of their lands could 
be affected by it. Had the Government of 
New York given the Royal decree the same 
interpretation, no controversy would have 
arisen. The settlers would have acknowl- 
edged the jurisdiction of New York without 
a murmur. But that . Government gave to 
the decision a very different construction — 
that the order had a retrospective operation, 
that it decided, not only what should hereaf- 
ter be, but what had always been the eastern 
boundary of New York, and consequently, 
the grants made by New Hampshire wero 
illegal and void. With these views, the Gov- 
ernment of New York proceeded to extend its 



14 MEMOIR OF 

jurisdiction over the New Hampshire Grants. 
The settlers were called upon to surrender 
> their charters and repurchase their lands 
under charters from New York. The set- 
tlers on the east side of the Mountain, under 
the grants from New Hampshire, generally 
complied with this order, but all the settlers 
on the west side of the Mountain peremptori- 
ly refused, and the lands of those who did 
not comply with the order were granted to 
others, in whoso names actions of ejectment 
were commenced before the courts inAlbany, 
and judgments invariably obtained against 
the settlers. 

Finding they had nothing to hope from 
the ordinary forms of law they determined 
upon resistance to the arbitary and unjust 
decisions of the courts until his Majesty's 
pleasure should be further known, and when 
the executive officers came to eject the set- 
tlers from their possessions, they were not 
permitted to execute their process. 

For the purpose of rendering their resis- 
tance more effectual, various associations 
were formed among the settlers, and at 
length a convention of representatives f»'om 
the several towns on the west side of the 
Mountain was called. Tiiis convention met 
in the autumn of 1766, and after mature de- 



SETH WARNER. 15 

liberation, they appointed Samuel Robinson, 
of Bennington, an agent to represent to the 
Court of Great Britain the grievances of the 
settlers, and to obtain, if possible, a confir- 
mation of the New Hampshire Grants.. On 
the 3d of July,- 1766, the Colonial Assem- 
bly of New York had passed an act erecting 
a portion of the territory covered by the 
New Hampshire Grants into a county by the 
name of Cumberland, and made provision 
for building therein a Court House and Jail, 
to be located at Chester, but in consequence 
of the representations made by Mr. Bobin- 
son at the British Court, his Majesty was 
pleased to make an order annulling this act 
of the Colonial Legislature, and on the 14th 
of July following, another special order was 
obtained prohibiting the Governor of New 
York upon pain of his j\Iajcsty's Iiighest dis- 
pleasure, from making any further grants 
whatever of the lands in question, until his 
Majesty's further pleasure should be known 
concerning the same. But before Mr. 
Robinson had fully accomplished the busi- 
ness of his mission, he was so unfortimate as 
to take the .Small Pox, of which disorder Lg 
died in London, in October, 1767. 

Notwithstanding the annulling of the act 
of the Colonial Legislature, above mentioned, 
and the prohibitions contained in the order. 



16 MEMOIR OF 

of the 24th of July, the Government of New 
York continued to make grants, and proceed- 
ed in carrying out their design of dividing 
the territory into counties. 

They had ah-eady established a Court of 
Common Pleas, and appointed Judges in the 
county of Cumberland after they had official 
notice of the annulling of the act by Tyhich 
that county was established. The county of 
Cumberland extended as far north as tho 
north lines of the towns of Tunbridge, Straf- 
ford and Thetford. All tho territory north 
of this, on the east side of the Mountain, was 
erected into a county by the name of 
Glocester. A Court House and Jail were 
erected in Newbury, for the county of Glo- 
cester, and in Westminster for the county 
of Cumberland. Courts were holden, and jus- 
tice regularly administered, in both of these 
counties, under the authority of New York, 
until the commencement of the Revolutionary 
War. 

The Southern part' of the grants on the 
west side of the Mountain was annexed to 
the county of Albany and the northern part 
to the county of Chai'lotte, but in this wes- 
tern part of the grants, the settlers were 
careful to keep the administration of justice 
in their own hands. 

In the year 1769, theCouncil of New York 



SEtH WARNEH. 1? 

decided that the King's order did not ex- 
tend to prevent the Governor from granting 
any lands which had not been previously 
granted by New Hampshire, th^ Governor 
had therefore continued to make grants to 
his favorites and friends, nor did he confine 
his grants, agreeably to the decision of the 
Council, to the ungrant^d lands, but in many 
cases re-granted such as were already cover- 
ed by New Hampshire charters. 

But while the success of Mr. Robinson's 
mission hardly served as a temporary check 
upon the proceedings of New York, it in- 
spired the settlers on - the Grants with new 
confidence in the justice of their cause, 
and gave them strong ground to hope that 
their rights would be eventually acknowl- 
edged and protected by the Crown. 

In the mean time, the Government of 
New York continued to make grants, and 
the grantees continued to bring actions of 
ejectment against the settlers, before the 
. court at Albany. Ethan Allen, afterwards 
so distinguished, coming to reside in the 
Grants about this time, undertook to defend 
the grantees in the actions brought against 
them. He proceeded to New Hampshire, 
procured the necessary documents from the 
Secretary's office, employed Mr. IngersoH, 
>an eminent lawyer in Connecticut, and m 

2 



IB MEMOIR OF 

June, 1770, appeared before the court in 
Albany, An action of ejectment against Jo- 
siah Carpenter, of Shaftsburj, came on for 
trial, and tlie defendant's counsel offered in 
evidence the documents above mentioned, 
among which was the charter of the town- 
ship, and a deed of the land in question from 
the original proprietor to the defendant. 
This evidence was rejected by the court, 
on the ground that the New Hampshire 
charters were illegal and void, and the jury 
were directed to find a verdict for the plain- 
tiff. Two other actions being tried with like 
results, no defence was made in the remain- 
ing actions of ejectment. It is related that 
before Allen left Albany, he was called on 
by the Attorney-General and some others, 
who told him that the cause of the settlers 
was desperate and urged him to return home 
and advise them to make the best terms 
they could with their new landlords, remind- 
ing him of the proverb that " might often 
prevails against right." Allen coolly replied, 
" The Gods of the vaUies are not the Gods of 
the hills," and when asked by Kemp, the At- 
torney-General, to explain his meaning, he 
replied, '' If you will accompany me to the 
hill of Bennington, the sense will be made 
clear." When the news of the proceedings 
at Albany reached the Grants, the people 



SETH WARNER. 19 

■were highly excited, and a convention was 
holden at Bennington, in -which it was re- 
solved to defend their property, which they 
possessed under the New Hampshire char- 
ters, against the usurpations and unjust claims 
of the Government of New York, by force, 
as law and justice were denied them. Hav- 
ing thus appealed to the last arbiter of dis- 
putes, their resolution was followed by a 
spirited and determined resistance to the au- 
thority of New York. And whenever the 
Sheriff appeared upon the Grants, to arrest 
rioters or eject settlers, he was sure to be 
met by a force which he found irresistible. 
The Sheriff being required to execute a writ 
of possession against James Breckenridge, 
of Bennington, called to his assistance by or- 
der of the Government, a posse of 750 armed 
militia. The settlers, having timely notice of 
his approach, assembled to the number of a- 
bout 300 and made arrangements for resist- 
ing the Sheriff and his posse. An officer 
with 18 men was placed in the house, 120 
men behind trees near the road, by which 
tliey were sure the Sheriff would advance, 
and the remainder were concealed behind a 
ridge of land within gun shot of the house ; 
and the forcing of the door by the Sheriff was 
to be made known to those without, by rais- 
ing a red flag at the top of the chimney 



20 ^ MEMOIR OP 

When the Sheriff approached, all were silent 
and he and his men were completely within 
the ambuscade before thej discovered their 
situation. Mr. Ten Ejck, the Sheriff, went 
to the door, demanded entrance as Sheriff 
of the county of Albany, and threatened, ©n 
refusal, to force it. The answer from with- 
in w^as, attempt it and you are a dead man. 
At the same time the two divisions exhibited 
their hats on the points of their guns, which 
made them appear more numerous than they 
were. The Sheriff and his posse seeing 
their dangerous situation, and not being in- 
terested in the dispute, made a hasty retreat 
without the firing of a gun on either side. 
In this enterprise, as in aU others-during the 
contest with I^ew York, Warner was the 
commander, or rather the leader, for all vol- 
untarily put themselves under his guidance, 
and in all their conventions and consulta- 
tions he was looked up to as the able, pru- 
dent, and safe counsellor. 

The New York claimants, finding that 
the militia of Albany county could not be 
relied upon to act against the settlers, now 
sought to accomplish their object by other 
means. By making favorable offers of titles 
under New York to some prominent individ- 
uals on the Grants, by conferring oJEces on 
others, and by encouraging persons from 



SETH WAENER. 21 

New York to settle on the unocc-upiecl lands 
which had been granted by New Hamp- 
shire, they hoped to divide the people and 
render the New York interests predomin- 
ant. 

To thwart these plans of their enemieg,com- 
mittees of safety were organized in the dif- 
ferent towns, and a convention of the settlers 
on the Grants was assembled, which decided, 
among other things, that no officer from New 
York should be allowed, without permission of 
the committee of safety, to convey any person 
out of the district of the New Hampshire 
Grants, and that no surveys should be made, 
nor lines run, nor settlements made under 
New York, within the same. The violation of 
this decree, was to be punished at the discre- 
tion of a court to be formed by the committee 
of safety, or elders of the people. At the 
same time, the civil officers were to exercise 
their proper functions in collecting debts 
and in other matters not connected with the 
controversy. 

To carry out these measures, and be in 
readiness in case of emergency, a military 
association was formed, of which Ethan Al- 
len was appointed Colonel commandant, and 
Seth Warner, Remember Baker, and others, 
were appointed Captains. Under these, 
the people of the Grants armed and occa- 



■2-2 MEMOIR OP 

sionallj met for military exercise and disci- 
pline. Of this organization Gov. Try on was 
apprised early in the year 1772, by a letter 
from John Munro in which he says: " The 
rioters have established a company at Ben- 
nington, commanded by Captain Warner, 
and on New Year's day his company was re- 
viewed, and contmued all day in military 
exercise and firing at marks." 

On the 27th of November, 1771, the Gov- 
ernor of New York issived a proclamation, 
offering a reward of twenty pounds each, for 
the arrest of Ethan Allen, Seth Warner, Re- 
member Baker, and some others. On the 
22d of March, 1772, John Mmiro, moved 
by a hope of the reward, and a desire of 
notoriety, resolved to attempt the arrest of 
Baker, one of the most prominent of the riot- 
ers. Having collected ten or twelve of his 
friends and dependants, he proceeded to the 
house of Baker, in Arlington, before day- 
light. Baker was awakened by the break- 
ing open of the door, and the entrance of a 
number of men, armed with swords and 
pistols. The intruders rushed upon and 
wounded him by a cut across his head with 
a sword. Baker being overpowered and 
bound, was thrown into a sleigh, and convey- 
ed with the greatest speed towards Albany. 
The news of this transaction being sent by 



SETH WARNER. 28 

express to Bennington, Warner, with nine 
or ten others, immediately mounted their 
horses and set off with all speed on the road 
to Albany, determined to intercept the 
"Yorkers" before they reached Hudson 
river, and they did overtake them, before 
they crossed that river, at the place where 
Troy has since been built, who, on the first 
appearance of their pursuers, abandoned 
their prisoner, and fled. Finding Baker 
nearly exhausted, by his sufferings and loss 
of blood, they refreshed him and dressed his 
wounds, and then conveyed him home, to 
the great joy of his family and neighbors. 

Shortly after this attack upon Baker, 
Munro made an attempt to arrest "Warner. 
Warner, in company with a single friend, was 
riding on horseback in the vicinity of Mun- 
ro's residence, and being met by Munro 
and several of his dependants, a conversa- 
tion ensued, in the midst of which Munro 
seized the iDridle of Warner's horse and 
commanded those present to assist in ar- 
resting him. Warner, after vainly urging 
him to desist, struck Munro over the head 
with a dull cutlass and levelled him to the 
ground. Though stunned and disabled for 
the time, he received no permanent in- 
jury, and the spectators manifesting no 
disposition to interfere, Warner passed 



24 MEMOIR OF 

on -witliout any farther interruption. 

Having given a history of the controver- 
sy between New York and the New Hamp- 
shire Grants, from the year 1763 to the 
year 1772, as fully as seemed necessary to 
give the reader a full view of the theatre 
on which Warner acted so conspicuous a 
part, it will be sufficient to give a more gen- 
eral account of that controversy from the 
year 1772 to the year 1775, when the Rev- 
olutionary War put an end to this, and aH 
other sectional disputes. 

From the determined and successful op- 
position of the settlers on the Grants, the 
Government of New York seemed to be im- 
pressed with the difficulty of subjecting them 
by force, and they determined to attempt 
a settlement of the controversy by negotia- 
tion. Accordingly, Gov. Tryon opened a 
negotiation by a letter to some of the lead- 
ing men on the Grants, and, the settlers 
being anxious for a compromise on just and 
honorable terms, sent Stephen Fay and his 
son Jonas Fay, to New York, to negotiate a 
settlement. But this attempt to make an 
adjustment of the dificrent claims proved ab- 
ortive, and only served to produce a higher 
degree of excitement on both sides. The- 
settlers were more determined, and more 
vigilant to discover and expel from the 



SETH WARNER. 25 

Grants all those who favored the New York 
claims. And the Government of New York 
determined to pursue such measures as would 
terrify the settlers, and frighten them into 
submission. Vfith this view they passed an 
act more tyrannical and sanguinary than was 
ever found in the code of a civihzed nation. 

The following are some of the leading 
provisions of the act : 

'' If any person or persons oppose any 
civil officer of New York in the discharge 
of his official duty, or wilfully burn or de- 
stroy the grain-,, corn, or hay of any other 
person, being in any enclosure, or if any per- 
sons unlawfully, riotously, and tumultuously 
assembled together, to the disturbance of the 
pubhc peace, shall wilfully, and with force, 
demolish or pull down, or begin to demolish 
or pull down any dwelling house, barn, sta- 
ble, grist mill, saAV mill or out-house, within 
either of the counties of Albany or Charlotte, 
the-n each of such offences shall be adjudg- 
ed felony, without benefit of clergy, and the 
offenders therein shall be adjudged felons, 
and shall suffer death, as in case of felony,, 
without benefit of clergy." It v/as made 
the duty of the Governor to publish tho 
names of such persons in the public papers, 
as should be indicted in either of the coun- 
ties of Albany or Charlotte, for any offence 



26 MEMOIR OF 

made capital by this or any other law, with 
an order in council commanding such offend- 
ers to surrender themselves respectively, 
within the space of seventy days next after 
the puWication thereof. 

This order was to be forwarded to the sher- 
iffs and posted up in several public places, 
and this bloody clause was added to the act : 
'' And in case such offenders shall not re- 
spectively surrender themselves, he or she, 
so neglecting or refusing, shall, from the day 
appointed for his surrender as aforesaid, be 
adjudged, deemed, and (if indicted for a 
capital offence hereafter to bo perpetrated) 
convicted of felony, and shall suffer death, 
as in case of persons convicted of felony by 
verdict and judgment, without benefit of 
clergy/' 

At the same time the Governor issued a 
proclamation, offering a reward, for appre- 
hending and securing Ethan Allen, Seth 
Warner, and several others, of fifty pounds 
each. 

So far were these measures from terrify- 
ing the settlers that they were a subject of 
ridicule. Ethan Allen ridiculed them in 
his own peculiar manner. ^' They may," 
said he, " condemn us to be hung for refu- 
sing to place our own necks in the halter, 
but how do the fools calculate to hmig a 



SETII WARNER. 27 

'(jrreen Mountain Boy before tliej take him ?" 
And this law continued to be a subject of 
ridicule, as no effort was ever made to put it 
in execution, and but one settler was arrest- 
ed for debt under the authority of New 
York and carried out of the Grants, in vio- 
lation of the decree of the Convention. 

Among the early settlers in the town of 
Danby, were John Hart and Koger Wil- 
liams. They were both men of property and 
were highly respected in the community. 
They both held their lands under grants 
from New Hampshire, and were equally op- 
posed to the claims of New York. Their 
dealings had been pretty extensive, and, un- 
fortunately, in the Summer of 1775, a vio- 
lent contention arose between them, and 
Hart, being a man of strong passions and 
great resolution, went to Albany and took 
out a capias against Williams on a note for 
five hundred pounds, put it into the hands of 
a Deputy Sheriff, who, with Hart and some 
assistants from New York, in a dark and 
rainy night, arrested Williams in his bed, 
and started for Albany City Hall. An a- 
larm was immediately given, and the set- 
tlers in Danby and Tinmouth were, one af- 
ter another, armed, mounted, and in eager 
pursuit of the Yorkers. Their progress 
through the woods, over the mountains be- 



28 MEMOIR OF 

tween Danby and Pawlet, was greatly im- 
peded by the rnud,root3, rocks, stumps, and 
darkness of the night ; but they dashed on, 
and overtook them at White Creek, (now 
Salem, N. Y.) The Sheriff and his assist- 
ants escaped, but they made Hart a prisoner 
in place of Williams, and returned to Danby 
the same day. The committee of safety 
had previously assembled with a great con- 
course of Green Mountain Boys, and small- 
er boys, myself among the rest. As soon 
as the shouts, which burst forth ^on the arri- 
val of the prisoner, had subsided, and the 
echoes from the mountains had died*away, 
the Judges took their seats on the Bench -in 
the bar-room, the prisoner was arraigned, 
and, without loss of time, convicted, and by 
Thomas Rowley, chairman of the comm.it- 
tee and Chief Justice, was sentenced to re- 
ceive thirty-nine stripes with the beach seal 
on the naked back. *And as Hart had al- 
ways been treated with respect at my fa- 
ther's house, and as this was the first 
punishment of the kind I ever witness- 
ed, I felt that it was inflicted with the 
most cruel severity — I felt every stroke up- 
on my own back. Let ft not be said that 
the infliction of this barbarous punishment 
proves that ,the people of the Grants were 
less civilized than the people of other parts 



SETH WARNER. 29 

of New England, for long afterwards this 
relic of barbarism was found in the criminal 
code of all the States ; but a more advanced 
state of civilization has since broken up the 
habit by which it had been continued through 
generations of civilized man, and it has been 
exploded never again to find a place in the 
code of any of the American States. The 
foregoing is worthy of record, as it is the 
only transaction of the kind which took place 
after the commencement of the Revolution- 
ary War, and as this was the last opportuni- 
ty a committee of safety ever had to exer- 
cise their judicial functions in the conviction 
of a Yorker, and yet it never found a place 
in any history — the transaction took place 
too far from Bennington, which, at that time, 
was all the Grants, as Paris under the des- 
potism and during the revolution was all 
France. 

Warner, having been engaged as a prom- 
inent leader of the Green Mountain Boys in 
defence of their property against the unjust 
and oppressive acts of the Boyal Govern- 
ment of New York, from the year 1763 to 
the year 1775, w?tS perfectly prepared to en- 
gage heart and soul in the defence of his 
W'hole country against the unjust claims and 
oppressive acts of the Royal Government of 
Great Britain. Accordingly, we find him 



30 MEMOIR OF 

in the very commencement of the Revohi- 
tionarj War, engaged in the enterprise a- 
gainstthe enemy's posts on Lake Champlain. 
Allen commanded the party who took Ti- 
conderoga, and Warner commanded the par? 
ty who took Crown Point. The following 
account of the raising of a regiment on the 
Grants, and the appointment of the field offi- 
cers is taken from the first vol. of Sparks' 
American Biography, page 288. " The 
troops from Connecticut, under Colonel Hin- 
nian, at length arrived at Ticonderoga, and 
Colonel Allen's commancl ceased. His men 
chiefly returned home, their term of service 
having expired. He and Seth AYarner set 
off on a journey to the Continental Congress, 
with a design of procuring pay for the soldiers 
who had served under them, and of soliciting 
authority to raise a new regiment on the N. 
H. Grants. In both these objects they were 
successful. By an order of Congress they 
were introduced on the floor of the House, 
and they communicated verbally to the mem- 
bers such information as was desired. Con- 
gress voted to allow the men, who had been 
employed in taking and garrisoning Ticonder- 
oga and Crown Point,the same pay as was re- 
ceived by officers and privates in the Ameri- 
can army; and also recommended to the Pro- 
vincial Congress of New Yorkjthat.after con- . 



SETH WARNER. ' 31 

3ulting with General Schuyler, ' they should 
employ in the army to be raised for the de- 
fence of America those called Green Moun- 
tain Boys, under such officers as the said 
Green Mountain Boys should choose.' This 
matter was referred to the Government of 
New York, that no controversy might arise 
about jurisdiction, at a time when affairs of 
vastly greater moment demanded the atten- 
tion of all parties. Allen and Warner repair- 
ed without delay to the New York Congress, 
presented themselves at the door of the hall, 
and requested an audience, the resolve of 
the Continental Congress having already 
been received and discussed. 

" An embarrassing difficulty now arose a- 
among the members, which caused much 
warmth of debate. The persons who asked ad- 
mittance were outlaws by an existing act of 
the Legislature of New York, and, although 
the Provincial Congress w^as a distinct body 
from the old assembly, organized in oppo- 
sition to it, and holding its recent principles 
and doings in detestation, yet some m.embers 
had scruples on the subject of disregarding in 
so palpable a manner, the laws of the land, as 
to join in public conference with men who had 
been proclaimed by the highest author- 
ity in the colony to be rioters and felons « 
There was also another party ,whose feelings 



32 MEMOIR 0]? 

and interest were enlisted on the side of their 
scruples, who had taken an active part in 
^he contest, and whose antipathies were too 
deeply rooted to be at once eradicated. On 
the other hand, the ardent friends of liberty 
who regarded the great cause at stake as par- 
amount to every thing else, and who were 
willing to show their disrespect for the old 
assembly, argued not only the injustice but 
tjTanny of the act in question, and rep- 
resented, in strong colors, the extreme im- 
policy of permitting ancient feuds to mar 
the harmony and obstruct the concert of ac- 
tion, so necessary for attaining the grand ob- 
ject of the wishes and efforts of every mem- 
ber present. In the midst of the debate, 
Captain Sears moved that Ethan Allen 
should be admitted to the floor of the House. 
The motion was seconded b^ Melancton 
Smith, and was carried by a majority of two 
to one. A similar motion prevailed in re- 
gard to Seth Warner. When these gentle- 
men had addressed the House they with- 
drew, and it was resolved that a regiment of 
Green Mountain Boys should be raised, not 
exceeding five hundred men, and to couvsist 
of seven companies. 

" They were to choose their own officers, 
except the field officers, who were to be ap- 
pointed by the Congress of New York j but 



SETH WARNER. 8S 

it was requested that the people would nom- 
mate such persons as they approved. A 
lieutenant-colonel was to be the highest of- 
ficer. The execution of the resolve Avas re- 
ferred to General Schuyler, who immediate- 
ly gave notice to the inhabitants of the Grants, 
and ordered them to proceed in organizing 
the regiment. 

" Meantime Allen and Warner had finish- 
ed their mission and returned to their friends. 
The committees of several townships assem- 
bled at Dorset to choose ofiicers for the new 
regiment. The choice fell on Seth Warner 
for lieutenant-colonel, and on Samuel SaiTord 
for major. This nomination was confirmed 
by the New York Congress. Whether Colo- 
nel Allen declined being a candidate, or 
whether it was expected that the regiment 
would ultimately have a colonel, and that he 
would be advanced to that post, or whether 
his name was omitted for any other reason, 
I have no means of determining;." 

This is obviously calculated to lessen the con- 
sequence of Warner, and should it go down to 
posterity without comment, they would form 
too low an estimate of his character. And 
yet, when this was written, it was in perfect 
accordance with public sentiment at the time, 
in relation to the character of the two men. 
,, Allen and Warner were both distinguished 



34 MEMOIR OF 

leaders of the Green Mountain Boys, in de- 
fending the New Hampshire Grants against 
the claims of !N"ew York, but they were very 
different men. Allen wrote and published 
a number of pamphlets in defence of the^ 
New Hampshire title. The singular bold- 
ness of the language, and the off-hand mode 
of reasoning, if I may be allowed the ex- 
pression, attracted the attention of the peo- 
ple, and they were extensively circulated 
and read throughout New England. In the 
meantime, the narrative of his captivity pass- 
ed through several editions, which were also 
extensively circulated and read. Allen had 
also a peculiar species of bravado, which ren- 
dered him conspicuous, but which is not ea- 
sily described. His answer to the question 
put to him by the commandant of Ticonder- 
oga, by what authority he demanded the 
fort, which was, " in the name of the Great 
Jehovah, and the Continental Congress," 
perhaps may give a tolerable idea of it. 
He was thus calculated to embolden the tim- 
id, confirm the wavering, and inspire all 
with confidence in their cause. 

From the foregoing, the character of Al- 
len has been kept before the people in bold 
relief, sufiering nothing by the lapse of 
time. But Allen was sometimes rash and 
imprudent, Warner, on the other hand^ 



SETH WARNER. 35, 

never T^rote any thing for tlie public eye. 
He was modest and unassuming. He ap- 
peared to be satisfied with being useful, as 
he manifested no solicitude that his services 
should be known or appreciated. He was 
always cool and deliberate, and in his sound 
judgment, as well as in his energy, resolu- 
tion, and firmness, all classes had the most 
unlimited confidence. 

From the foregoing brief sketch of the ve- 
ry different characters of Allen and War- 
ner, it is evident they were far more effi- 
cient and more useful in defending the New 
Hampshire Grants, than they would have 
been, had they both been Aliens or both 
Warners, and it would not be extravagant 
to say, that had either been wanting, the in- 
dependence of Vermont might not have been 
achieved. But in selecting a person to 
, command a regiment, the men of that day 
gave the preference to Warner. Accord- 
ingly, the Convention assembled at Dorset 
to nominate officers for a regiment of Green 
Mountain Boys, nominated Warner for Lieut. 
Colonel to command the regiment, by a vote 
of 41 to 5. And as Allen was a candidate 
for the office, as appears by his letter to 
Governor Trumbull, written shortly after the. 
officers were nominated, in which he says, 
that he was overlooked because the old meri 



36 MEMOIR OF 

were reluctant to go to war, the vote must 
be considered as a fair expression of the 
public sentiment in relation to the qualifica- 
tions of the two men for the office. This is 
confirmed by the few cotemporaries of Al- 
len and Warner who still survive, and by 
the traditionary accounts of the men of that 
day. 

In September, 1775, we find Warner in 
at the head of his regiment, during the siege 
of St. Johns by Montgomery, although it is 
evident that both Warner and the officers 
of his regiment were without commissions, 
for we find by Montgomery's orderly book, 
that, on the 16th of September, he issued 
an order appointing Seth Warner Colonel of 
a regiment of Green Mountain Rangers, re- 
quiring that he should be obeyed as such. 
Probably the Provincial Congress of New 
York withheld the commissions on the same 
grounds, on which, in the following year, 
they urged the Continental Congress to re- 
call the commissions which they had given 
to Warner, and the officers of his regiment. 
But the regiment fought as bravely, and 
performed as important services, as any oth- 
er regiment during the campaign, as will 
appear by the following brief account of it. 
Montgomery, having obtained a supply of 
ammunition and military stores, by the cap- 



SETH WARNER. 3t 

tare of Chamblj, made his advances upon 
the fort at St. Johns, with increased vigor. 
The garrison consisted of 600 or 700 men, 
who, in hopes of being soon relieved by Gen- 
eral Carleton,made a resolute defence, Carle- 
ton exerted himself for this purpose, but 
such was the disaffection of the Canadians to 
the British cause, that he could not muster 
more than 1000 men, including the regu- 
lars, militia of Montreal, Canadians and 
Indians. With this force he proposed to 
cross the Sfc. Lawrence, and join Col. Mc- 
Lean, who had collected a few hundred 
Scotch emigrants, and taken post at the 
mouth of the Richelieu, hoping, with their 
united forces, to be able to raise the siege 
of St. Johns, and relieve the garrison. In 
pursuance of this design, Carleton embarked 
his troops at Montreal, with the view of 
crossing the St. Lawrence and landing at 
Longueil. Their embarkation was discov- 
ered by Col. Warner, from the opposite 
shore, who, with about 300 Green Moun- 
tain Boys, watched their motions, and pre- 
pared for their approach. Just before they 
reached the South shore, Warner opened 
upon them a well directed fire of musketry, 
and grape shot, from a four pounder, by 
which unexpected assault, the enemy were 
thrown into the utmost confusion and retreat- 



38 MEMOIR OF 

ed with precipitation and disorder. When 
the news of Carleton's defeat reached Mc- 
Lean, he abandoned his position at the 
mouth of the Richeheu, and hastened to 
Quebec. By these events, the garrison at 
St. Johns was left without the hope of re- 
lief, and Major Preston, the commander, 
was consequently obliged to surrender. The 
garrison laid down their arms on the 3d of 
November, and became prisoners of war, to 
the number of 500 regulars, and more than 
100 Canadian volunteers. In the fort was 
found a number of cannon and a large quan- 
tity ofmihtary stores. Col. Warner having 
repulsed General Carleton, and caused Mc- 
Lean to retire to Quebec, the Americans 
proceeded to erect a battery at the mouth of 
the Richelieu, to command the passage of 
the St. Lawrence, and blockade Gen. Carle- 
ton in Montreal. In this situation of things, 
Montgomery arrived from St. Johns, and 
took possession of Montreal without opposi- 
tion, Gen. Carleton having abandoned it to 
its fate, and escaped down the river in the 
night, in a small canoe with muffled oars. 
A large number of armed vessels, loaded 
with provisions and military stores, and 
Gen. Prescott, with 100 officers and pri- 
vates, also attempted to pass down the riv- 
er, but they were all captured at the mouth 



SETH WAENER. 39 

'of the Hichelieu, witliont the loss of a man. 
Warner's regiment having served as volmi- 
teers, and the men being too miserably 
clothed to endure a winter campaign in that 
severe climate, on the 20th of November^ 
Montgomery discharged them, with pecul- 
iar marks of respect, and his thanks for their 
meritorious services. Vfarner returned with 
his regiment to the New Hampshire Grants, 
but instead of enjoying a respite from the 
fatigues and hardships of a campaign during 
the winter, he was called on to return to 
Canada. Although he was not in commis- 
sion, and had no troops under his command, 
yet, Gen. Wooster, who knew him well, 
did not scruple to write, requesting him to 
raise a body of men, and march into Cana- 
da, in the middle of winter. The letter is 
dated at Montreal, January 6, 1776. The 
following are extracts from the letter. x\f- 
ter giving a general account of the defeat 
-at Quebec, he says : " I have sent an express 
to Gen. Schuyler, to Washington, and to 
Congress, but you know how very long it 
will be before we can have rehef from them. 
You, sir, and your vahant Green Mountain 
Boys, are in our neighborhood, you all have 
arms, and I am confident ever stand ready 
to lend a helping hand to your brethren in 
distress, therefore, let me beg of you to raise 



40 MEMOIR OF 

as many men as you can, and have them in 
Canada, mth the least possible delay, to re- 
main till we can have relief from the Colonies. 
You will see that proper officers are appoint- 
ed under you, and the officers and privates 
will have the same pay as the Continental 
troops. It will be well for your men to start 
as soon as they can be collected. I\ o matter 
whether they all march together,but let them 
come on by tens, twenties, thirties, forties, 
or fifties, as fast as they can be prepared to 
march. It will have a good effect upon the 
minds of the Canadians, to see succor com- 
ing in. You will be good enough to send 
copies of this letter, or such parts of it as you 
shall judge proper, to the people below you. 
I can but hope the people will make a push 
to get into this comitry, and I am confident 
I shall see you here, with your men, in a 
very short time." And Gen. Wooster was 
not disappointed. He did see Warner in 
Canada, with his men, in a very short time. 
Probably no revolutionary patriot, during 
the war, performed a service evincing more 
energy, resolution, and perseverance, or a 
more noble patriotism, than the raising of a 
regiment in so short a time, and marching 
it to Quebec in the face of a Canadian win- 
ter. The men of this day would shiver at 
the thought of it^ 



SETH WARNER. 41 

That Warner performed this service "with 
incredible dispatch, appears from the fol- 
lowing letter of Gen. Schuyler to Washing- 
ton, dated at Albany, as early as the 22d 
of January. 

Albajty, January 22, 1776. 

Dear Sir: 

Col. Warner has been so successful in 
sending men into Canada, and as a regi- 
ment will soon be sent from Berkshire coun- 
ty in Massachusetts, and as I am informed 
by a letter from Congress, that one regi- 
ment from Pennsylvania and one from New 
Jersey, w^ill be immediately sent to Albany, 
and put under my command, and as these 
troops can be in Canada as early as any 
which your Excellency can send from Cam- 
bridge, the necessity of sending on those 
troops, which I had the honor to request to 
send, will be superseded. 

I am, sir, with respect and esteem, your 
Excellency's most obedient and very hunv 
ble servant, PHILIP SCHUYLER. 

His Excellency, 

George Washington. 

Warner had advantages in the perform- 
ance of this service, which no other man 
possessed. The Green Mountain Boys had 
long been armed in their own defence ?r 



42 MEMOIR Off 

gainst the Government of New York, and 
he had been their chosen leader. They had 
become habituated to turn out at his call, and 
follow his lead. And as they had been 
successful in every enterprise they had the 
most unlimited confidence, in his judgment, 
his vigilance, his prudence and his unflinch- 
ing courage. Besides, they loved him for his 
moral and social qualities. He sympathised 
with all classes, and this rendered him af- 
fable and familiar with them, and as this 
did not arise from any mean or selfish mo- 
tive, but from the interest which he felt in 
the welfare of his fellow men, he ever main- 
tained a self-respect and a dignified deport- 
ment. Add to this, that the Green Moun- 
tain Boys were zealous and active whigs, 
and it is no longer incredible that they turn- 
ed out with such alacrity at the call of War- 
ner, in defence of their country. This winter 
campaign in Canada, proved extremely dis- 
tressing. The troops were in want of com- 
fortable clething, barracks, and provisions. 
Most of them took the small pox and great 
numbers of them died. At the opening of 
spring, in May, 1776, a large body of British 
troops arrived at Quebec, to reheve the garri- 
son, and the American army, in their distress- 
ed situation, were compelled to make a hasty 
retreat. Warner took a position exposed to 



SETII WARNER, 43 

the greatest danger, and requiring the ut- 
most care and vigilance. He was always 
in the rear, picking up the wounded and 
diseased, assisting and encouraging those 
who were least able to take care of themselves, 
and generally kept but a few miles in ad- 
vance of the British, who closely pursued the 
Americans from post to post. By calmly and 
steadily pursuing this course, by his habitual 
vigilance and care, Warner brought off most 
of the invalids, and with this corps of the 
diseased and infirm, arrived at Ticonderoga 
a few days after the main army had taken 
possession of that post. 

Highly approving of their extraordinary 
exertions, Congress, on the 5th of July, 
1776, resolved to raise a regiment out of 
the troops who had served with so much re- 
putation in Canada, to be commanded by a 
Lieut. Colonel. Warner w^as appointed 
Lieut. Colonel, and Samuel Safford JMajor. 
Most of the officers of the regiment were 
persons who had been distinguished by their 
opposition to the claims and proceedings of 
New York. By this appointment, Warner 
was again placed in a situation perfectly 
suited to his genius, and, in conformity with 
his orders, he raised his regiment, and re- 
paired to Ticonderoga, where he remained 
to the close of the campaign. 



44 MEMOIR OF 

On the IGtli day of January, 1777, the 
Convention of New Hampshire Grants de- 
clared the whole district to be a free, sover- 
eign, and independent State, by the name 
of Vermont. The Provincial Congress of 
'New York was then in session, and, on the 
20th of the same month, announced the 
transaction to the Continental Congress, 
complaining in strong terms of the conduct 
of Vermont, denouncing it as a dangerous 
revolt and opposition to lawful authority, 
and at the same time remonstrating against 
the proceeding of Congress in appointing 
Warner to the command of a regiment, in- 
dependent of the Legislature and within the 
bounds of that State, '^ especially as this 
Col. Warner hath been constantly and inva- 
riably opposed to the Legislature of this 
State, and hath been on that account pro- 
claimed an outlaw by the late Government 
thereof. It is absolutely necessary to re- 
call the comm/ission to Warner, and the offi- 
cers under him, to do us justice." No 
measures "were taken 'by Congress, at this 
time, to interfere in the civil concerns of the 
two States, or to rem.ove Warner from 
his command. Anxious to effect this 
purpose, the Provincial Congress of New 
York, on the 1st of March following, 
wrote again on this subject, and among other 



SETH WARNER. 45 

tilings declared, " that there was no proba- 
bility that Warner could raise such a num- 
ber of men as would be an object of public 
concern." Congress still declined to dis- 
miss so valuable an officer from their ser- 
vice. On the 23d of June following, Con- 
gress was obliged to take up the controver- 
sy between New York and Vermont, but in- 
stead of proceeding to disband Warner's 
regiment, on the 30th of the same month, 
they resolved, " that the reasons which in^ 
duced Congress to form that corps were, 
that many officers of diSferent States who 
had served in Canada, and who, as was al- 
leged, might soon raise a regiment, but who 
were then unprovided for, might be retain- 
ed in the service of the United States. 

Fortunately, when Congress acted on this 
subject, Governeur Morris was the only mem- 
ber present from Kew York, and he was 
too independent to' comply with the wishes 
of his own State, when, in his judgment, 
such comphance would prove injurious to 
his country, and whose views were too en- 
larged to 1)0 governed by sectional preju- 
dice, of which, it will appear, he had im- 
bibed a good share. At that day the people 
of New York had imbibed strong prejudices 
not only against the people of the Grants, 
but a2;ainst the whole Yankee Nation, The 



46 MEMOIR OF 

origin of this was obvious. Yankee sagaci- 
ty very early discovered the true character 
of the honest, unsuspecting Dutch popula- 
tion of New York, and there was then a- 
mong the people of New England, as there 
ever has been among all civilized people, a 
base, unprincipled set of villains, constantly 
preying upon the honest, unsuspecting part 
of the community. This set of Yankee 
swindlers combined, and devised a great va- 
riety of means by which to cheat and rob 
the honest Dutchmen. One species of their 
villainy was of a somewhat darker shade 
than the rest. They combined, and select- 
ing those individuals of their class, whose 
formation most nearly resembled that of 
the negro, and who could best act the part of 
a slave, would carefully black them, sell 
them to the unsuspecting Dutchmen, re- 
ceive the money, and return to New Eng- 
land, and the slaves would wash off their ex- 
ternal blackness, escape with safety, return 
to New England, and receive their share of 
the booty. This set of villains were as much 
detested by the people of New England, as 
they were by the people of New York, but 
as there was at that day but very little in- 
tercourse between New York and the New 
England Colonies, except that which was 
^ept up by this set of miscreants^ they gave 



SETH WARNER. 4T 

a character to the whole people of New Eng- 
land. 

The following letter from Govemeur Mor> 
ris, to the President of the council of New 
York, will verify some of the foregoing re- 
marks, and disclose his views of the charac- 
ter of Warner, and the grounds on which he 
opposed the disbanding of hi& regiment. 
Fort Edward, July 21, 1777. 

Sir: 

I congratulate the Council upon the sense 
of Congress relative to our northeastern 
country, discovered in their resolutions, of 
which I have several copies. I had seen 
one of your resolutions, and supposing the 
letters to Dr. Williams, Mr. Sessions, and 
Dr. Clark, to contain some of them, by the 
advice of Generals Schuyler and St. Clair, 
I opened the letters, and finding myself 
right in that conjecture, I have detained 
them until further orders. Mr, Yates be- 
ing at Albany, I was under the disagreea- 
ble necessity of standing alone whilst I in- 
curred your displeasure, should that be the 
consequence o^ what I have done. The 
Grants are in a very delicate situation. 
Skeene is courting them with golden offers. 
He has already gained many, and many more 
are compelled to submission. There are not 
a few warm advocates of the British Govera- 



48 MEMOIR OF 

ment among them. At present, it is of in- 
finite importance, to get as many of these 
people as possible to move tlieir families and 
effects, particularly tlieir teams and provis- 
ions, from the immediate vicinity of Bur- 
goyne's army. Warner is their leader, and 
if he he disgusted, depend upon it, he will 
draw after him, in the present circumstances, 
a very large train, for, disagreeable as it^^ 
may be, to tell or hear this truth, yet, a'^' 
truth it is, that very many of these villains ^ 
only want a New England reason, or if 
you like the expression better, a plausi15le 
pretext, to desert the American States, new .- 
Vermont among the rest. The enemy will 
be able to make immense advantages of it, 
and they will hardly fail of so doing. Skeene 
is at hand to flatter them with being a sep- 
arate province, and what will weigh more, 
to give them assurances of being confirmed 
in their titles, howsoever acquired. For 
God's sake, let us take care what we do. By 
throwing this people into the enemy's arms, 
we supply them with what they most need, 
and cannot obtain without this imprudence 
— to do this, with the greatest advantages 
in view, would not be very wise, but for the 
sake of a mere feather, (and the govern- 
ment of that country is nothing more in this 
critical juncture,) would be something too 



SETH WARNER. 49 

much like madness for me to name. Gen. 
Schujler intends to write to the Council on 
the same subject. If the reasons he may of- 
fer should prove satisfactory, you will dis- 
patch an express to prevent the publication 
in the London papers, which I perceive is a 
part of your plan. 

My respects wait on the Council. 

Your most obedient and humble servant, 
GOVERNEUR MORRIS. 

When Burgoyne came up the lake in the 
summer of 1777, Col. Warner was sent in- 
to Vermont to call out the militia for the de- 
fence of Ticonderoga, as ai)pears from the 
following letter. 

Rutland, July 1, 1777. 

To the Hon. the Convention now sit- 
ting at Windsor, in the State of Vermont. 

Gentlemen : 

Last evening I received an express from 
the General commanding at Ticonderoga, 
advising me that the enemy have come up 
the lake, with 17 or 18 gun-boats, two large 
ships, and other craft, and lie at Three 
Mile Point. The General expects an at- 
tack every hour. He orders me to call 
out the militia of this State, of Massachu- 
setts and New Hampshire, to join him as 
soon as possible. I have sent an express to 



50 MEMOIR OP 

Col. Slmonds. Col. Kobinson and Col. Wil- 
liams are at Hubbardton, waiting to be join- 
ed by Col. Bellows, wbo is with me. When 
the whole are joined, they will amount to 
700 or 800 men. I know not to whom to 
apply except to your honorable body, to call 
out the militia on the East side of the moun- 
tain. I shall expect that you will send on 
all the men that can possibly be raised, and 
that you will do all in your power, to supply 
the troops at Ticonderoga with beef. Should 
the siege be long, they will be absolutely 
destitute, unless the country exert them- 
selves. If 40 or 50 head of beef cattle can 
be brought on by the militia, they will be 
paid for by the commissary, on their arrival. 
The safety of the post depends on the exer- 
tions of the country. Their lines are exten- 
sive and but partially manned, for want of 
men. I should be glad if a few hills of corn 
imhoed should not be a motive sufficient to 
detain men at home, considering the loss of 
such an important post might be irretrievable. 
I am, gentlemen, with the^greatest respect, 
¥Our obedient and very humble servant, 
SETH WARNER. 

When Ticonderoga was evacuated, on 
the night of the 6th July, 1777, the main 
body of the American army took the road 



SETH WARNER. 61 

through Hubbardton and Castleton. When 
thej arrived at Hubbardton, the rear guard 
was put under the command of Warner, 
with orders to follow the main army, as soon 
as those who were left behind should come 
up, and keep about a mile and a half in the 
rear. ^ St. Clair then proceeded to Castle- 
ton, distant about six miles from Hubbard- 
ton. 

The retreat of the Americans from TI- 
eonderoga was no sooner discovered by the 
British, than an eager pursuit was begun 
by Fraser, with the light troops, who was 
soon followed by Reidesel with the greater 
part^ of the Brunswick regiment. Fraser 
continued the pursuit through the day, and 
learning that the rear of the American ar- 
my was not far distant, he ordered his men 
that night to lie on their arms. Early on 
the morning of the 7th, he renewed the pur- 
suit, and about 7 o'clock commenced an at- 
tack on the Americans under , Warner. 
Warner's force consisted of his own regi- 
ment, and the regiments of Colonels Francis 
and Hale. Hale, for some reason, retired 
with his regiment, leaving Warner and Fran- 
cis with only seven or eight hundred men 
to dispute the progress of the enemy. The 
conflict was fierce and bloody. Warner 
v*harged the enemy with such impetuosity. 



52 MEMOIR OF 

that they were thrown mto disorder, and 
gave way, but they soon recovered, formed 
anew, and advanced upon the Americans, 
but were again brought to a stand. At 
this critical moment, Eeidesel arrived and 
joined Fraser, with his troops, and Francis 
fell, fighting bravely at the head of his regi- 
ment, which then gave way, and the fortune 
of the day was decided. The Americans 
fled into the woods in all directions. Those 
of Warner's regiment, who heard the order 
to that effect, repaired to Manchester, the 
others, with Francis's regiment followed, and 
joined the main army, and marched to Foi't 
Edward. 

All those belonging to Warner's regiment, 
who marched to Fort Edward, were soon af- 
ter sent to Manchester by Schuyler. 

Warner having been stationed at Man- 
chester, by order of Schuyler, Herrick's regi- 
ment of Rangers, raised by the New Hamp- 
shire Grants, was, by the Council of Safety, 
stationed at Manchester, and put under 

Warner's command.* 

When Ticonderoga was evacuated, 

some portion of the inhabitants of the present 

*It is worthy of remark, that, although Vermont 
■was a frontier state, Warner's regiment were the only 
Continental troops, that were, at any time dnring the 
war, stationed within its limits, and they only during 
the summer of 1777. 



SETH WARNER. 53 

county of Ilutland moved tlieir families, and 
all their property, wliich could be of use to 
the enemy, to the south part of the state, 
lull of resolution to defend their country at 
all hazards ; but a great majority of the in- 
habitants were so shocked and discouraged, 
by the unexpected and, as they behoved, 
treacherous evacuation of Ticonderoga, that 
they were thrown into a state of desponden- 
cy, and believing the country must be con- 
quered, each sought his individual safetv, 
remaimng on his farm and seeking protec- 
tion from the British. By these inhabitants, 
rrotectioners as they were called, the Brit- 
ish troops were supplied with large quanti- 
ties of fresh iDrovisions. This at once ar- 
rested the attention of Schuyler, and he 
wrote the following letter to Warner. 

Fort Edward, July 15, 1777. 

Dear Colonel : 

I am favored with yours of yesterday. I 
enclose an order for what clothing can be 
procured at Albany, which must be sent for. 

I have made a temporary appointment of 
Mr. Lyon to be your paymaster, and have 
given him four thousand dollars, which is all 
I can at present spare. Col. Simonds, with 
lourorfiv^e hundred of his men, will join 
you, but let the others come this way. We 



54 MEMOIR OJ 

are informed that the enemy are gone to 
Ticonderoga, to come by the way of Fort 
George, because they find it rather difficult 
to penetrate by the way of Skenesboro'. 

Secure all the carriages and cattle you 
can. Much depends on preventing them 
from getting supplies of this kind. 

Advance as near the enemy as you possi- 
bly can, seize all Tories, and send them to 
the interior ot the country. 

Be vigilant, a surprise is inexcusable. 
Thank the troops in my name, for behav- 
ing so well as they did at Hubbardton— 
assure them I will get whatever I can to 
make them comfortable. All your regi- 
ment that were here, are already on the way 
to join you. If we act vigorously, we save 
the country. Why should we despond? 
Greater misfortunes have happened and 
have been retrieved— cheer up the spir- 
its of the people in that part of the country. 
^ PHILIP SCHUYLER. 

On the same day, Schuyler wrote the fol- 
lowing letter to Col. Simonds, commanding 
a regiment of militia in Berkshire county, 
adjoining the Grants. 

Sir : 
I wish to extend my care and attention 



SETH WARNER. 55 

to evej part of the country, and afford assis- 
tance whenever it is wanted, but I am very 
weak here, and the enemy, as I am inform- 
ed are gomg to Ticonderoga to come through 
l^ake Greorge. However, assistance is want- 
ed on the Grants, and you will march four 
or five hundred men to aid Col. Warner, the 
remamder of the militia to come this way 
PHILIP SCHUYLER. 

On the 17th of July, General Schuyler 
transmitted the following order to Col War- 
ner. 

;" You will order the militia of New Hamp- 
shire to join you, and if none are yet in mo- 
tion, you will send an express to bring them 
on with all possible dispatch." 

Warner received the foregoing order on 
ttie 18th of July, and on the same day sent 
an express to New Hampshire, enclosing it in 
the following letter. 

Manchester, July 18, 1777 

Gentlemen: 

Inclosed is General Schuyler's order for 
raising the militia of your state to jrin me 
m the defence of the country. According 
to the best information we can obtain, the 
enemy have a force at Castleton of about 
^000 men, and many of the inhabitants 



56 MEMOIR OF 

north of this have fled and left all in the 

hands of the enemy, and many more have 

taken protections of the British, and remain 

on their farms, and should the enemy march 

this way with any considerable force, many 

more will submit, and what will be the 

consequence cannot be foreseen, but this is 

certain, our frontier must be where we have 

sufficient force to face the enemy, whether 

it be on the Grants, in New Hampshire, or 

Massachusetts. Being thus informed of our 

exposed situtition, you will at once perceive 

the necessity we are under of immediate 

assistance, and I shall confidently expect 

you will send, to this post with the least pos- 

sible delay, a body of your militia, which 

will enable me to defend this post against 

any force which the enemy may bring a~ 

gainst it. 

Your humble Servant, ^^^.^.^ 

SETH WARNER. 

The Honorable Council of ) 
New Hampshire. ) 

The orders which Warner had received 
from Schuyler, to take and bring in all the 
property from the country north of Man- 
chester, with which the enemy might be 
supphed, were promptly and thoroughly ex- 
ecuted. Large droves of cattle were brought 



• SETII WAKNEE. 57 

in and sold at Bennington, under the direc- 
tion of the Council of Safety, who held a per- 
petual session in that town during the sum- 
mer. What Tories there were in that re- 
gion escapedand joined the enemy. The oth- 
er inhabitants were taken and brought be- 
fore the Council of Safety, all of whom de- 
clared that they took the oath of allegiance 
to his Majesty by compulsion, that they did 
not consider themselves bound by it,and were 
ready to take the oath of allegiance to the 
United States. After taking this oath, they 
were discharged. Most of them, soon after, 
fought bravely in the battle of Bennington. 

Through the whole of this unpleasant bus- 
iness, the magnanimity and humanity of 
Warner were conspicuous. But one per- 
son was killed or injured by the scouts du- 
ring the summer. 

There were three inhabitants of the town 
of Tinmouth who were reputed to be Tories. 
One of them, by the name of Irish, was shot 
by Isaac Clark, afterwards General Clark. 
Clark was a Lieutenant in Herrick's regiment 
of Rangers and commanded one of the scouts 
sent out from Manchester. He concealed his 
men in the woods not far from Irish's house, 
and after watching the house for some time, 
and finding that Irish was within, and wish- 
ing to ascertain whether he had any hostile 



58 ilEMOIR 01? 

designs against the Whigs, instead of sur- 
rounding the house and taking him, he sent in 
one of his men, by the name of Clough — 
unarmed. Clough had been a neighbor of 
Irish, but, on the evacuation of Ticonderoga, 
had moved off. They entered into a conver- 
sation, which was continued for some time. 
At length, Clough began to suspect that 
Irish intended to detain him, as he was un- 
armed, and feehng unsafe, he walked with 
apparent unconcern out of the door, and 
turning a corner of the log house, out of 
sight of Irish, he set out on a run toward 
the scout. Clark, who was watching, saw 
this, and instantly saw Irish chasing Clough 
with his gun, and perceiving that he intend- 
ed to shoot him before he reached the woods, 
drew up his rifle, and shot Irish dead upon 
the spot. This was represented by the To- 
ries as a wanton murder, and many years 
afterwards, when Clark was in public life, 
and a prominent political partizan, some of 
his political opponents renewed the charge 
of murder against Clark, with many aggra- 
vating circumstances. 

About the first of August, Stark arrived 
at Manchester, with 800 New Hampshire 
militia, on his way toward the seat of war 
on the Hudson. By General Schuyler's or- 
der, the New Hampshire militia were to be 



SETH WARNIEB. 59 

stationed at Manchester, under the com- 
mand of Warner, but the Government of 
New Hampshire had given Stark the com- 
mand of the militia of that state, independ=- 
ent of the Continental officers. 

Situated as were Stark and Warner, in 
this case, men of little minds, actuated by 
little motives, and influenced more by a love 
of command than a love of country , would 
have come into collision at once. But Stark 
and Warner, influenced by higher motives, 
and actuated by a noble patriotism, were 
prepared to serve their country in any sta- 
tion, not inconsistent with their personal hon- 
or, in which they could be most useful . They 
therefore acted together cordially, manifest- 
ing a high degree of respect for each other, 
and in Bennington battle, although Stark 
was the ostensible commander, they in fact 
commanded jointly, so that if the result had 
been disastrous. Congress would not have 
censured Warner for yielding the command 
to Stark. 

It appears by the correspondence between 
Schuyler and Warner, that, soon after the 
American army had retreated to Fort Ed- 
ward, reports were circulated that the ene- 
my were coming down through the Grants 
with a force of three or four thousand men, 
but Schuyler instead of reducing his own 



60 MEMOIR OF 

force by sending a detacliment to Manches- 
ter, ordered the militia of Massachusetts and 
New Plampshire to that place. But before 
Stark arrived at Manchester, it was ascer- 
tained that Burgoyne had left, at the differ- 
ent posts in his rear, a force barely sufficient 
to act on the defensive, and keep open his 
communication with Canada. Warner hav- 
ing withdrawn all supplies out of the reach 
of the enemy, his regiment was a suf- 
ficient force for that post ; he therefore or- 
dered the troops, which had been raised on 
the Grants, and put under his command by 
the Council of Safety, to join Stark, making 
his force fourteen hundred men. AVith this 
force. Stark, on the 9th of August, march- 
ed to Bennington. Warner's family being 
at Bennington, and it being very certain that 
his presence would not be required at Man- 
chester, he accompanied Stark to Benning- 
ton, leaving the post under the command of 
Major Saiford. 

On the 13th of August, Stark received 
intelligence that a party of Indians had been 
discovered at Cambridge, about twelve miles 
from Bennington, and he dispatched Colonel 
Gregg,with200men, to stop their progress; 
but he was soon advised by express, that 
there was a large body of the enemy in the 
rear of the Indians, and that they were ad- 



SETH WARNEK. 61 

vancing towards Bennington. Stark imme- 
diately rallied his force and made an anima- 
ting call on the neighboring militia, and 
sent orders to Major Safford to join him 
-vvith Warner's regiment. On the morning 
of the 14th, Stark moved with his whole 
force towards Cambridge, and, at the dis- 
tance of five or six miles, met Gregg re- 
treating before the enemy, who were only 
one mile in his rear. Stark immediately 
halted and drew up his men in order of bat- 
tle. Baum, Avho had the command of the 
enemy, perceiving the Americans to be too 
strong to be attacked by his present force, 
also halted, and commenced entrenching him- 
self on a commanding piece of ground, and 
sent an express for a reinforcement. Stark, 
unable to draw them from their position, fell 
back about a mile with his main force, leav- 
ing- only a small party to skirmish with the 
en'emy, which they did so effectually as to 
kill or wound thirty of their number, two of 
whom were Indian chiefs, without any loss 
to themselves. Here Stark called a coun- 
cil of war, by which it was resolved that an 
attack should be made upon the enemy, be- 
fore they could receive a reinforcement. 
Stark, with the advice of Warner and other 
chief officers, having arranged his plan, 
gave orders for the troops to be in readiness 



62 MEMOIR OE 

to commence an attack on the following 
morning. The next day, however, proved 
to be rainy, which prevented a general en- 
gagement, but there were frequent skirmish- 
es between small parties, which resulted in 
such a manner as to aSford encouragement 
to the Americans, and to induce the Indians 
attached to Baum's army to desert in consid- 
erable numbers, as they said, " because the 
woods were full of Yankees." 

This unavoidable delay of a general en- 
gagement enabled the enemy to complete 
their breastworks, and put themselves in a 
favorable condition for defence. Their prin- 
cipal force was strongly entrenched on the 
north side of the Walloomscoik river, where 
there is a considerable bend in the stream, 
while a corps of Tories in the British ser- 
vice were entrenched on the opposite side of 
the river, on lower ground. The river is 
small and fordable in all places. Stark's 
encampment was on the same side of the 
river as was the main body of the enemy, 
but, owing to a bend in the stream, it cross- 
ed the line of his march twice on his way to 
their position. On the morning of the 16th 
of August, General Stark was joined by Col. 
Simonds, with a small body of mihtiafrom 
Berkshire County, Mass., and having recon- 
noitred the enemy's position, he proceeded 



&ETH WARNER. 63^ 

to carry into effect the previous plan of attack. 

Colonel Nichols was detached with 200 
men to the rear of the left wing of the ene- 
my, and Colonel Herrick with 200 men to 
the rear of their right wing. These were 
to join, and then make the attack. Colonels 
Stickney and Hubbard were also ordered 
to advance, with 200 men on their right, 
and 100 in front, to divert their attention 
from the real point of attack. 

As the divisions of Nichols and Herrick 
approached each other, in the rear of the 
enemy, the Indians, apprehensive of being 
surrounded, made their escape between the 
two corps, with the exception of three kill- 
ed and two wounded, as they passed. The 
positions being taken at 3 o'clock in the af- 
ternoon, the action was commenced by Col. 
Nichols, and his example w^as quickly fol- 
lowed by the other divisions. General 
Stark advanced slowly in front, till the fi- 
ring announced the commencement of the 
attack on the rear, he then rushed forward 
and attacked the division of Tories, and in 
a few moments the action became general. 
'^ It lasted" (says Stark in his official dis- 
patch) ''two hours, and was the hottest I ev- 
er saw. It was like one continued clap of 
thunder." The German dragoons made a 
determined resistance, and when their am- 



64 MEMOIR OP 

munition was expended, thej were led on 
by Col. Baum,and attacked the Americans, 
sword in hand. But their bravery was un- 
availing. They were finally overpowered, 
their works were carried on all points, their 
two cannon were taken, Col. Baum was mor- 
tally wounded, and fell into the hands of the 
Americans, and all his men, with the excep- 
tion of a few who escaped to the woods, were 
either killed or taken. The prisoners were 
now collected together, and sent off under a 
strong guard to -the meeting-house in Ben- 
nington, and Stark, unsuspicious of danger, 
suffered his men to scatter in pursuit of re- 
freshment and plunder. In this state of 
things, intelligence was received that a rein- 
forcement of the enemy, under Col. Brey- 
men, with two field-pieces, was rapidly ap- 
proaching, and only two miles distant. 
Stark endeavored to rally his exhausted 
forces, but before he could put them into a 
condition to make an effectual resistance, 
the enemy advanced upon them in regular 
order, and commenced an attack. They o- 
pened an incessant fire from their artillery 
and small arms, which was, for a time, re- 
turned by the Americans with much spirit, 
but, exhausted by fatigue and hunger, and 
overpowered by numbers, they, at length, 
began slowly and in good order to retreat, 



SETH WABNER. 65 

disputing the ground incli by inch. 

The remnant of Warner's regiment, which 
then consisted of 130 men, had been suffer- 
ed to remain at Manchester, under the com- 
mand of Maj. Safford, as already stated. 
When the express arrived with orders for it 
to proceed to Bennington, many ^f the men 
were absent on a scout, and that and other 
causes prevented its marching till the 15th. 
Owing to the heavy rain on that day, it was 
near midnight before the regiment reached 
the river, one mile north of Bennington. 
Here they encamped for the night, and a 
considerable portion of the next day was 
spent in putting their arms and equipments, 
which had been drenched by the rain, in a 
condition for battle. 

As soon as these were in readiness, they 
marched by the way of Bennington village to 
receive their ammunition and arrived on th^ 
battle field at the very moment when the A- 
mericans were beginning to fall back. Disap- 
pointed that they had not been in season for 
the first engagement and shared in the glory, 
they now advanced and attacked the enemy 
with great spirit and resolution, being deter- 
mined, says Ethan Allen,tohave ample re- 
venge on account of the quarrel at Hubbard- 
ton. The enemj^, who had just been exulting 
in the prospect of an easy victory, were now 

5 



6Q MEMOIK OF 

brought to a stand, and more of the scattered 
mihtiahemg now brought forward by Stark 
and Herrickj the action become generah The 
combat was maintamedjwith great bravery on 
both sides, until sunset, when the enemy gave 
way, and were pursued till dark. 

"With one hour more of day-light," (says" 
Stark in his official report,)'! should have cap- 
tured their whole force.' In these two eugage- 
ment&,the Americans took four brass field 
pieces, four ammunition wagons, and above 
700 prisoners,AYith their arms and accouter- 
ments. The number of the enemy found dead 
on the fiekVwas 207, their number of wounded, 
not ascertained. The loss of the Americans, 
compared with that of the enemy, was trifling. 
,Theyhad 30 killed andabouo 40 wounded. 

To the foregoing account of Bennington 
battle, which is taken from Thompson's His- 
tory of Vermont, the author appended the 
following note : " It has been generally sup- 
posed, and has been so represented, in most 
of the accounts of Bennington battle, that 
Warner was not present in the first engage- 
ment, but this is doubtless a mistake. Stark 
says expressly in his official letter that War- 
ner was with him several days previous to 
the battle, and acknowledges his assistance 
in planning it. The mistake probably arose 
ii^om the fact that Warner's regiment was 



SETH WARNER. 67 

aorin the first engagement, but arrived just 
in season to decide the fate of the second, as 
above stated." 

Until I read the foregoing note, written 
more than sixty years after the battle, I 
never knew that the fac !:, that Warner was 
absent with his regiment and did not arrive 
until after the capture of Baum, was contro- 
verted, or the truth^of it doubted by any one. 
The first thing that struck me was, that 
the note was peculiarly calculated to injure 
the character of Warner with posterity. 
They will perceive by the foregoing account 
of the battle, and from Stark's dispatch, that 
Warner had no command in the first engage- 
ment, and that his name is no-where to be 
found in connexion with it. They will also 
learn from the foregoing note, that Warner 
was neither seen nor felt in the first engage- 
ment — that he did nothing to attract notice, 
so that it was understood and admitted for 
more than half a century, that he was not 
in the engagement, and if they shall be sat- 
isfied, that he was in it, the conclusion will 
be irresistible that Warner was ■ so ineffi- 
cient, that it was. of no importance whether 
he was or was not in it, and they will lay 
him aside with things forgotten. 

Now the first clause in the note is cer- 
tainly true, that it has been generally sup-- 



68 MEMOIR OP 

posed, and so represented, that Warner was 
not in the first engagement. I had two 
"brothers m both engagements, one of whom 
resided in Bennington, and was personally 
acquainted with Warner, and they always 
stated, that Warner was not in the first en- 
gagement. And if it be true that he was 
not in the first engagement, then the whole 
note is a simple declaration of the truth, and 
however unfortunate it may be for the char- 
acter of Warner, the truth must be admit- 
ted. But I am persuaded that, on a can- 
did examination of the subject, it will appear 
that Warner was not in the first engage- 
ment, and so neither hLs character nor the 
cause of truth will suffer. 

All, I trust, will be agreed, that to set a- 
side a contemporaneous statement of a fact, 
repeated and acquiesced in, for more than 
half a century, positive and direct evidence is 
required, especially, if the fact was of a most 
public nature, and so important and so inter- 
esting to hundreds who were present, that 
it must have attracted their attention at 
the time. And such is the fact, that War- 
ner was absent with his regiment, £yid did 
not arrive in season for the first engagement. 
And here it is worthy of remark, that almost 
-all the inhabitants of Bennington, the towns- 
men of Warner, who had, for years, placed 



SETH WAKNER. 69 



% 



the greatest reliance upon him in all cases 
of difficulty and danger, were in both en- 
gagements. The fact we are examining, 
must have been kno^vn to these men, and 
truly related, and there could not have been, 
as there was not, any question in relation to 
it, during their hves. Accordingly, we find 
in Williams' History of Vermont, a state- 
ment of the fact as unquestioned, and Wil- 
liams' History is the highest authority which 
can be produced in the case. Dr. WiUiams 
came into this State and resided in the vil- 
lage of Rutland, as early as 1788 or 1T89,* 
and immediately set about collecting mate- 
rials for a History of Vermont. In lT9o 
he published his History in one volume. 
This embraced no part of the History of 
the Revolutionary War, but he afterwards 
greatly enlarged his History of Vermont,em- 
bracing a History ofthe Revolutionary War, 
as far as Vermont was particularly concern- 
ed with it, and published it in two volumes. 
It appears that the last of the 2d volume 
was written in 1806, but the work was not 
published till 1809. In the 2d volume of 
this History ,page 120, is an account of Ben- 
nington battle, in which Dr. Williams states 
that after the capture of Baum, Warner 

*Kev. L>r, WiUiams began to preack in Ralland, in 
January, i788v 



70 MEMOIR OF 

came up with his regiment from Manches- 
ter, mortified that he was not in the first en- 
gagement. Now at the time Dr. WiUiamg 
wrote this, a great portion of those who were 
in Bennington battle,were still living, a num- 
ber of whom were leading men in the State : 
as Gov. Galusha of Shaftsbury, the Robin- 
sons, Fays, Dewey, Brush, Walbridge, and 
others, inhabitants of Bennington. With all 
these Dr. Williams had frequent opportuni- 
ties to converse. There were also hving 
at Rutland, at that time, several prominent 
men who were in the battle, and no cotem- 
porary of Dr. Williams will believe that he 
added " mortified that he had not been in 
the first engagement" merely to sound a per- 
iod. And, surely, the statement that War- 
ner was with Stark several days before the 
battle and assisted him in planning the at- 
tack, does not prove that Warner lingered 
about the encampment of Stark, and nev- 
er saw his regiment until Safibrd brought it 
to him after the first engagement. On the 
contrary, from the facts in the case, there is 
a violent presumption that he did not. 

Knowing, as Stark and Warner must have 
known, that the regiment encamped about 
five or six miles from the battle ground, on 
the night of the 15th, we are to suppose, 
that both Stark and Warner had lost all their 



SETH WARNEE. 71 

natural energy and become so stupid that 
the J took no steps to hasten the regunent on 
to the battle ground. Could Warner ever 
have thought of being in the engagement, 
without his regiment V They were the on- 
ly veteran troops to bo engaged in the con- 
flict — they had often fought under the eye 
of Warner, and had always displayed great 
bravery and intrepidity. Warner had the 
fullest confidence in them, and they were 
strongly attached to him, as brave soldiers ev- 
er'are to a brave and high-minded command- 
er, and Warner must have been with them 
early on the morning of tho 16th, to hasten 
their preparation and march to the battle 
ground. And as Warner failed to bring up 
his regiment until after the capture of Baum, 
his name is not found in Stark's dispatch in 
connexion with the first action. 

If we say that Saffbrd did not, in the 
night of the 15th, send ah express to his 
Colonel, informing him of his arrival, and 
the situation of his men, we impute to him 
a neglect of which he could not have been 
guilty, and Warner having received this in- 
formation, must have been with his regiment 
on the morning of the 16th, to hasten tlie 
preparation of his men and their march to 
the battle ground. Judging that they 
could not be on the ground before three o^- 



72 MEMOIR OF 

clock in the afternoon, and so important was 
it deemed, that Warner's regiment should 
join the attack, and so anxious was Warner 
to command his own regiment in the action, 
it was thought proper to risk a previous 
arrival of the expected reinforcement of the 
enemy, and postpone the attack till 3 o'- 
clock in the afternoon. No other reason for 
thus postponing the attack can; be imagined. 
Fortunately, the reinforcement of the ene- 
my did not arrive until after the capture of 
Baum — and, still more fortunately, Warner 
could not bring up his regiment in season 
for the first action, but brought it up fresh, 
just in time to meet the reinforcement of the 
enemy, and insure a victory. 

On the receipt of Thompson's History of 
Yermont, I read it attentively, and found 
that the author had compiled it with great 
care, and that it was more free from errors 
than such works usually are. But from my 
own recollection, I discovered a few errors, 
which I pointed out in a letter to Mr. 
Thompson, that he might be enabled to cor- 
rect them in a second edition of his work, 
which I presumed would be called for. The 
following is an extract from his answer : 

" I am much obliged by your remarks, 
respecting the battles of Hubbardton and 
Bennington, and also the mob to stop the 



SETH WABNER. T3 

sitting of the court at Windsor. They will 
enable me to make some corrections, should 
I ever print a new edition of my work. Is 
it not probable that Warner was with Stark 
up to the morning of the IGtli, or day of the 
battle, and, that in consequence of the non- 
arrival of his regiment, he went back to has- 
ten them on, and that the first battle was 
fought before his return? Such a supposition 
seems to reconcile all statements." 

I have not been able to ascertain wheth- 
er Warner was with Gates at the capture 
of Burgoyne, but from the following letter 
from Gates to the President of the Council 
of Massachusetts, it is probable that War- 
ner's regiment constituted a part of his 
force. 

Albany, 25th Nov., 1777. 

Dear Sir: 

This letter will be presented to the Hon. 
Council, by Colonel Seth Warner, an officer 
of merit. His business at Boston, is to so- 
licit your Hon.. Board to give orders for a 
supply of clothing, for the regiment under 
his command. Having experienced the 
good behavior of this corps during the sum- 
mer campaign, I cannot but recommend 
them to your good offices, for the supply 
they so much want, and the more especially. 



74 MEMOIR OF 

as I have in view a service of much impoi- 
tance, in which Col. Warner's regiment will 
be verj actively concerned. 

I am sir, with respect, your most 
humble and obedient servant, 
HORATIO GATES. 

It is very certain, that after this, Warner 
was able to perform but very little active 
service. His constitution naturally strong 
and vigorous gave way under tlie fatigues 
and hardships which he endured in the ser- 
vice, particularly in his winter campaign in 
Canada. It has been seen that in the year 
1776, Congress gave Warner the command 
of a regiment with the rank of Lieut. Colo- 
nel, and appointed Samuel Safford Major. 
Thoy held the same rank at the time ofEen- 
nington battle, but some time after this and 
before the 10th of November following, prob- 
ably soon after the battle, Warner was pro- 
moted to the rank of Colonel, Safford to the 
rank of Lieutenant Colonel, and Captain 
Gideon Brownson, to the rank of Major. 
In a return of Warner's regiment, made on 
the 10th of November, 1777, Col. Warner 
was returned sick at Hoosic. He recovered 
from this sickness, but was never afterwards 
able to perform any active service, and, of 
course, received no further promotion. But 



SETn WAHNER. 75 

I find he was continued in the command of 
his regiment, residing with his family in 
Bennington, to the end of the year 1781.' 
In the mean time, the number of men in the 
regiment had been greatly reduced by the 
losses sustained in several hard fought ac- 
tions, and by the capture of Fort George, 
by the enemy, in October, 1780, which was 
garrisoned by about 70 of Warner's regi- 
ment, under the command of John Chip- 
man, one of his captains. An account of 
which is given in the following letter from 
Warner to Washington. 

BEisrNiNGTO:^, October 30, 1780. 

Sir: 

Your Excellency has doubtless been in- 
formed of the misfortunes which have be- 
fallen our troops on the northern frontier, 
especially the regiment which I have the 
honor to command, stationed at Fort George. 
I will not trouble your Excellency vv'ith all 
the circumstances attending the surrender 
of the fort, but refer you to the brave Cap- 
tain Moulton, for more particular informa- 
tion. On the morning of the 3d instant, a 
body of about one thousand of the enemy ap- 
peared before Fort Ann, and demanded a sur- 
render of the fort, and Captain Sherwood, 
who commanded, was compelled to surrend- 



76 MEMOIR OP 

er it, himself and 50 men becoming'^prison- 
ers of war. The enemy then took their 
course through Kingsbury and Que^nsbury, 
burning and destroying all before them. 
Fort George was then commanded by Capt. 
John Chipman, with between 60 and 70 
rank and file, of my regiment, the remain- 
der of the regiment being out on scouts 
about Lake George. The garrison having 
been two days without provisions, Capt. 
Chipman sent an express to Fort Edward 
for supplies, who, about four miles from Fort 
George, was fired upon by a party of the 
enemy, consisting, as he supposed, of about 
thirty or forty British, Indians and Tories, 
but he made his escape and gave Capt. Chip- 
man the first information he received, that 
there was an enemy in the vicinity of Lake 
George, and judging that the number of the 
enemy did not exceed thirty or forty, and 
being anxious to avenge the losses which 
the regiment had sustained during the sea- 
son, he immediately dispatched Capt. Sill 
with 50 men in pursuit of the enemy. He 
met the enemy but a short distance from 
the fort, and made a spirited attack on their 
front, wliich gave way, but he soon found 
himself completely surrounded by a numer- 
ous body of the enemy consisting of British 
Indians, and Tories. Li this situation they 



SETH WAKNER. 77 

fouglit nobly, until Capt. Sill, Ensign Eno, 
and sixteen non-commissioned officers and 
privates, were killed ; Lieut. Payne and En- 
sign Lightliall "were wounded and taken pris- 
oners, with the rest of the detachment except 
Ensign Grant and about 15 privates who 
fought their way through the enemy's lines, 
and made their escape. The enemy hav- 
ing thus overcome Capt. Sill and his party, 
immediately proceeded to invest the fort and 
sent in a flag demanding its surrender, Capt. 
Chipman, considering it impossible with so 
small a number of men, to defend the post 
against such an overwhelming force, sur- 
rendered by capitulation. The articles of 
capitulation are enclosed and are honorable 
to the commander of the fort. 

The commanding officer at Fort Edward, 
at eleven o'clock in the evening of the 9th 
inst., by an express from Fort Ann, received 
information of the presence of the enemy. 
Had he given this information to Capt. Chip- 
man he would not have sent out the detach- 
ment from tlie fort, and might have saved it. 

Your Excellency's most obedient servant, 
SETH WARNER. 

On the first of January, 1781, the regi- 
ment was reduced, under a resolution of 
Congress, and some of the officers were 



78 MEMOIR OE 

transferred to other regiments. Capt. Chip» 
man was promoted to the rank of Major, in 
the New York line. 

In the year 1782, Warner removed to 
Roxburj, in Connecticut, his native town, in 
hopes of obtaining rehef from the painful 
disorders under which he was suffering, but 
his hopes proved fallacious, and he gradual- 
ly wasted away till the 26th of December, 
when an end was put to all his sufferings. 

Seth Warner was rising six feet in height, 
erect and well-proportioned, his counten- 
ance, attitude and movements indicative of 
great strength and vigor of body and mind, 
of resolution, firmness and self-possession. 
His commanding appearance, and known 
character, undoubtedly saved him from ma- 
ny an attack by the Yorkers. In one in- 
stance only, during the long controversy 
with New York, did any one attempt to ar- 
rest him single-handed. An officer from 
New York attempted to arrest him by force, 
and Warner considering it an act of lawless 
violence, attacked, wounded and disarmed 
him, but, with the spirit of a soldier, saved 
his life, and permitted him to return to New 
York. He pursued his public and his pri- 
vate business among the settlers in the dif- 
ferent towns, with apparent unconcern, and 
yet, he was always prepared for defence. 



SETH WAENEK. I'd 

He seemed to be entirely unconscious of fear, 
and, in one instance, it was said that this 
trait in his character was the cause of his 
meeting danger, which he ought to have a- 
voided. After his defeat at Hubbardton, it 
was said that he might have been at Castle- 
ton before the enemy reached Hubbardton, 
and thus have avoided the unequal conflict, 
and saved the lives of many brave men, but 
it was soon ascertained that there was not 
any foundation for. this — that the blame was 
wholly with St. Clair, Warner having re- 
mained at Hubbardton in obedience to his 
orders. 

When Warner arrived at Hubbardton, 
St. Clair gave him tlie command of the rear 
guard, with orders to remain there, until 
those who had been left behind should come 
up, and. then follow the main army, keep- 
ing about a mile and a half in the rear. 
That evening St. Clair, with the main 
army, marched to Castleton, leaving Warner 
with his rear guard, not one mile and a half, 
but six miles in his rear. This gross error 
of St. Clair was the sole cause of the defeat 
at Hubbardton. Instead of this, the enemy 
would have been defeated, if St. Clair had 
kept the main army within a mile and a 
half, hi^ own prescribed distance, in advance 
of his rear guard. This error of St. Clair 



80 MEMOIR OF 

lias been overlooked, wliile lie lias been se- 
verely censured, not for evacuating Ticon- 
deroga, but for not showing more fight — 
for not making some resistance somewhere, 
.and for not sending a detachment from Cas- 
tleton to succor Warner, when he knew by 
the firing that he was attacked by the ene- 
my. 

The first charge is too general to require 
or even admit of examination, and the sec- 
ond charge is clearly unfounded. Warner 
having no works of defence, by which to 
protract the contest, it was as obvious then 
as it is now, that a reinforcement could not 
reach him, before he had repulsed the ene- 
my, in which case he would reed no succor, 
or, been defeated, as he unfortunately was, 
in which case, by sending a reinforcement, 
St. Clair would only have exposed his army 
to be cut ofi'in detail, committing a more fa- 
tal error, than the first. 

Warner was distinguished for his cool 
courage, and perfect self-possession, on all 
occasions. But in one instance, was he ev- 
er known to be agitated for a moment, or de- 
prived of self-possession, by any disastrous 
occurrence, however sudden and unexpect- 
ed. In the battle at Hubbardton, Francis' 
regiment gave way, owing, as it afterwards 
appeared, to the loss of their Colonel. War- 



SETH WARNfiR. 81 

jier had repulsed the enemy, who had rallied 
and renewed the charge, but were again 
brought to a stand by a deadly fire from his 
Green Mountain Boys. At this anxious and 
exciting moment, Warner saw Francis' regi- 
ment retreating, and the battle lost. This 
was too much, even for the nerve of Warner. 
He dropped down upon a log by which he 
stood, and poured out a torrent of execra- 
tions upon the flying troops ; but he instant- 
ly rose and, in a most collected manner, or- 
dered his regiment to Manchester. 

Warner was for so long a time and so ar- 
dently engaged in the defence of the New 
Hampshire Grants, and in the defence of his 
country in the Revolutionary War, that his 
attention seems to have been wholly diverted 
from his own private concerns. He had 
been so long engaged in maintaining ^the 
rights of property, that a disposition to ac- 
quire it seemed to be wholly eradicated. 
And the moderate property which he inherit- 
ed, he spent in the service of liis country, 
and left his family destitute. 

The proprietors of several townships gave 
him tracts of land, of considerable value, as 
a reward for his services in defence of the 
New Hampshire Grants, but the greater part, 
if not all of them, were sold for taxes, and 



82 MEMOIR OF 

Ms heirs never received any considerable 
benefit from them. 

In October, 1787, tbe Legislature of Yer- 
mont generously granted to his heirs 2000 a- 
cres of land, in the north west part of the coun- 
ty of Essex. It was then supposed that this 
land would become valuable by a settlement 
of that part of the county, but when that 
section of the State was explored, this tract 
of land was found to be of little or no val- 
ue, and it yet remains unsettled. 

Obituary notices of Warner, were pub- 
lished soon after his decease, and by the 
following extracts from them, the reader 
will learn from his cotemporaries themselves, 
and in their own language, how they loved 
and respected him : 

" This gentleman, from an early period of 
Ms life, took a very decided part in the de- 
fence of the rights of man,and rendered essen- 
tial services in the exalted command which he 
held over the Green Mountain Boys, in 
the defence of the New Hampshire Grants. 
He also distinguished himself, and main- 
tained the character of a brave officer, in his 
command of his reo-iment durinar- the late 
war. His ability in command, few exceed- 
ed, his dexterity and success were uncom- 
mon. His natural disposition was kind, gen- 
erous ^ and humane. His remains were in-. 



SETH WARNER. BS 

terred with the honors of War, which were 
justly due to his merits. An immense con- 
course of people attended his funeral, and 
the whole was performed with uncommon de- 
cency and affection. He has left an amia- 
ble consort, and three children, to moura 
their irreparable loss.'' 

Since the foregoing was copied for the- 
press, I have received the following, from 
one of Warner's cotemporaries, who still 
survives in his native town of Roxburj. Col. 
Warner struggled long with complicated and 
distressing maladies, which he bore with un- 
common fortitude and resignation, until de- 
prived of his reason, after which he was 
constantly fighting his battles over again, 
not in imagination only, but by the exertion 
of a preternatural physical strength, so that 
it required two or three to take charge of 
him. There was a guard of about 30 men 
kept at his house, from the time of "his de- 
cease, the 26th of December, to the 29th, 
when his funeral was attended, and a ser- 
mon preached by the Rev. Thomas Can- 
field, from Samuel 1. 27. " How are the 
Mighty fallen, and the weapons of War 
perished. 



84 MEMOIR OIT SETH WARNER. 

The following inscription is on tlie monu- 
ment erected over his grave : 

In memory of 

COL. SETH WARNER, ESQ., 

Who departed this life, December 26, A. D. 1784, 

In the 4 2d year of his age. 

Triumphant leader at our armies' head, 
Whose martial glory struck a panic dread. 
Thy warlike deeds engraven on this stone 
Tell future ages what a hero's done. 
TuU sixteen battles he did nght. 
Tor to procure his country's right 
Oh ! this brave hero, he did fall 
By death; "who ever conquers all. 

When this you see, remember mc. 



-*^-ISI>^'" 



jaSoinoH 



